Inverting the First Amendment

[Michael McConnell]

I respect Kurt's desire to put this debate to rest, but I
wish to make one additional comment. Madison and Jefferson
frequently paraphrased the First Amendment. Some of these
paraphrases are plainly inaccurate. (For example, Madison
sometimes spoke of the liberty of conscience, when that
formulation was rejected in favor of the free exercise
formulation. For another example, he spoke of the
Establishment clause as preventing "a" national
religion--though his opposition to the Assessment Bill
makes clear that he opposed multiple establishments as
well.)  If the context in which these statements were made
had called attention to the issue, they might nonetheless
carry some weight; as it is, in my opinion, they carry no
weight at all.

Kurt's position is like saying that, since Congress had no
power over the freedom of speech, it would be
unconstitutional for Congress to open national parks for
speech activities, or to provide subsidized mail rates for
nonprofit groups engaged in speech.
-- Michael McConnell (U of Utah)